ML20236E616
| ML20236E616 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 07/27/1987 |
| From: | Letsche K KIRKPATRICK & LOCKHART, SUFFOLK COUNTY, NY |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#387-4122 OL-3, NUDOCS 8708030027 | |
| Download: ML20236E616 (7) | |
Text
r I t//A2-e D O M E TEE:
uw;r July.27, 1987
~67 Jtt 28. P1 :59 UNITED STATES OF AMERICA
,y.,.
NUCLEAR REGULATORY COMMISSION bg, Before the Atomic Safety and Licensino Board
)
In the Matter of
)
)
l LONG ISLAND LIGHTING COMPANY
)
Docket No. 50-322-OL-3
)
(Emergency Planning).
(Shoreham Nuclear Power Station,
)
Unit 1)
)
)
SUFFOLK COUNTY, STATE OF NEW YORK, AND TOWN OF SOUTHAMPTON STATEMENT CONCERNING LILCO'S JULY 14, 1987, MOTION TO INCREASE POWER TO 25%
On June 14, 1987, LILCO filed with this Board a Motion for 1
l Authorization to Increase Power to 25% (hereafter, "25% Power Motion").
On the same date, LILCO filed with the Commission a Motion for Designation of Licensing Board and Setting Expedited Schedule to Rule on LILCO's 25% Power Request (hereafter,
" Appointment Motion").
By Order dated June 17, 1987, the Commission requested replies to the portion of the Appointment i
Motion seeking the designation of a new licensing board.
The Board is being served with a copy of the Governments response, filed today, in compliance with the Commission's June 17 Order.
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8708030027 870727 ADOCK 05000322 PDR PDR 2h '
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In its 25% Power Motion, LILCO expressly advised this Board i
that it seeks no action on that motion at this time.
Thus, LILCO I
states:
Pending Commission action on this request, I
LILCO is not requesting this Board to take any specific steps to activate this proceeding.
LILCO thus requests this Board only to take jurisdiction of the 25% Power Motion, but does not request the Board to take any action on it, pending Commission action.
For the reasons stated above, LILCO respectfully requests that this Board, pending the Commission's action on LILCO's request for i
designation of a successor Board, accept jurisdiction of this Motion.
LILCO does not request that this Board initiate any proceedings in the interim.
25% Power Motion, at 2, 6,
8.
In light of~LlLCO's own request that no action be taken on its Motion, the Governments do not at this time respond either to the merits of that Motion or, for that matter, to the many threshold legal and procedural issues raised by the filing of the 25% Power Motion.1 Since the entire 25% power issue, at LILCO's request, is to be held in abeyance pending Commission action on the Appointment Motion, it would be inappropriate for the Governments at this 1
Many of these matters are discussed in summary fashion, however, in the Governments' July 27 Response to the Appointment Motion, and in the Governments' April 27 Response in Opposition to LILCO's Motion for Expedited Commission Consideration..
r S
4 time to expend time or resources-on responding to the 25% Power Motion.
That Motion may be withdrawn, re-styled, modified yet again, refiled, or even transferred to other adjudicators having
\\
no familiarity with this case or the issues.
If and when appropriate procedures for dealing with both the threshold issues and the merits of the 25% Power Motion have been established, presumably following a prehearing conference held by tnis Board to obtain the views of the parties on those matters, the Governments will fully express their views on those subjects.
Those views will demonstrate that this Board has jurisdiction to.
do nothing but dismiss the 25% Power Motion.
Respectfully submitted, Martin Bradley Ashare Suffolk County Attorney Building 158 North County Complex Veterans Memorial Higaway Hauppauge, New York 11788
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Herbert H.
Browd
Lawrence Coe Lahpher Karla J. Letsche KIRKPATRICK & LOCKHART 1890 M Street, N.W.
South Lobby - 9th Floor Washington, D.C.
20036-5891 Attorneys for Suffolk County
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Fabian G. Palomino Special Counsel to the Governor of the State of New York Executive Chamber, Room 229 Capitol Building Albany, New York 12224 Attorney for Mario M.
- Cuomo, Governor of the State of New York l.
W Stfephen UK. Latham j
Twomey, Latham & Shea P.O.
Box 398 33 West Second Street Riverhead, New York 11901 Attorney for the Town of Southampton l f
F 4
o l>Ugiu July 27, 1987
~
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION (Py Before the Atomic Safety and Licensina Board'0W' j[3 4.,
)
In the Matter of
)
)
i I
LONG ISLAND LIGHTING COMPANY
)
Docket.No. 50-322-OL-3
)
(Shoreham Nuclear Power Station,
)
Unit 1)
)
)
l CERTIFICATE OF SERVICE I hereby certify that copies of SUFFOLK COUNTY, STATE OF NEW YORK, AND TOWN OF SOUTHAMPTON STATEMENT CONCERNING LILCO'S JULY 14, 1987, MOTION TO INCREASE POWER TO 25% have been served on the following this 27th day of July 1987 by U.S. mail, first class, except as otherwise noted.
Morton B.
Margulies, Esq., Chairman
- Mr. Frederick J.
Shon*
Atomic Safety and Licensing Board Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Washington, D.C.
20555 Dr. Jerry R.
Kline*
William R. Cumming, Esq.
Atomic Safety and Licensing Board Spence W. Perry, Esq.
U.S. Nuclear Regulatory Commission Office of General Counsel Washington, D.C.
20555 Federal Emergency Management Agency 500 C Street, S.W.,
Room 840-Washington, D.C.
2C472
4 A
Fabian G. Palomino, Esq.
W. Taylor Reveley, III, Esq.**
Richard J.
Zahleuter, Esq.
Hunton & Williams Special Counsel to the Governor P.O.
Box 1535 Executive Chamber, Rm. 229 707 East Main Street State Capitol Richmond, Virginia 23212 Albany, New York 12224 Joel Blau, Esq.
Anthony F..Earley, Jr., Esq.
Director, Utility Intervention General Counsel j
N.Y. Consumer Protection Board Long Island Lighting Company Suite 1020 175 East Old Country Road Albany, New York 12210 Hicksville, New York 11801 Martin Bradley Ashare, Esq.
Ms. Elisabeth Talbbi, Clerk Suffolk County Attorney Suffolk County Legislature Bldg. 158 North County Complex Suffolk County Legislature Veterans Memorial Highway Office Building Hauppauge, New York 11788 Veterans Memorial Highway Hauppauge, New York 11788 Mr.
L.
F. Britt Stephen B.
Latham, Esq.
Long Island Lighting Company Twomey, Latham & Shea Shoreham Nuclear Power Station 33 West Second Street North Country Road Riverhead, New York 11901 Wading River, New York 11792 Ms. Nora Bredes Docketing and Service Section Executive Director Office of the Secretary Shoreham Opponents Coalition U.S.
Nuclear Regulatory Comm.
195 East Main Street 1717 H Street, N.W.
Smithtown, New York 11787 Washington, D.C.
20555 Mary M. Gundrum, Esq.
Hon. Michael A.
LoGrande New York State Department of Law Suffolk County Executive 120 Broadway, 3rd Floor H.
Lee Dennison Building Room 3-116 Veterans Memorial Highway New York, New York 10271 Hauppauge, New York 11788 MHB Technical Associates Dr. Monroe Schneider 1723 Hamilton Avenue North Shore Committee Suite K P.O.
Box 231 San Jose, California 95125 Wading River, New York 11792 Mr. Jay Dunkleburger Richard G.
Bachmann, Esq.*
New York State Energy Office U.S.
Nuclear Regulatory Comm.
Agency Building 2 Office of General Counsel Empire State Plaza Washington, D.C.
20555 Albany, New York 12223
i A
David.A. Brownlee, Esq.
Mr. Stuart Diamond Kirkpatrick & Lockhart Business / Financial 1500 Oliver Building NEW YORK TIMES Pittsburgh, Pennsylvania 15222 229 W.
43rd Street New York, New York 10036 Douglas J. Hynes, Councilman Town Board of Oyster Bay Town Hall Oyster Bay, New York 11771 Lawrence Coe LanpHbr KIRKPATRICK & LOCKHART' 1800 M Street, N.W.
South Lobby - 9th Floor Washington, D.C.
20036-5891 By Hand By Federal Express
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